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As Efficient Competitor Test: An overview of EU and national case law

I. Introduction Determining the appropriate standards to apply in Article 102 cases involving allegedly exclusionary conduct by a dominant firm continues to provide substantial room for debate between and within the legal and economic communities. However, the nature of the debate has progressed substantially since the European Commission adopted an approach to assessing whether a dominant firm’s conduct amounts to anti-competitive foreclosure that is more closely aligned with the economic literature by publishing its Priority Guidance Paper (“PGP”). [1] In this forward, I briefly review aspects of the case-law and outline the important contribution the PGP has made to the recent case-law. In doing so I have the benefit of a large prior literature including in particular Nazzini (2012)

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  • Cornerstone Research (London)

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Peter Davis, As Efficient Competitor Test: An overview of EU and national case law, 4 April 2019, e-Competitions Bulletin As Efficient Competitor test, Art. N° 89776

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